Collective bargaining in the public sector of higher education: unit determination criteria

Public sector, higher education unit determination decisions are often made shortly after enabling legislation becomes law. Once created, units seldom undergo major revisions. Units have a lasting impact on the bargaining relationship, the nature and content of agreements, and the contract administration process. This article reviews the unit determination process being used by administrative agencies in the various states with public sector bargaining statutes. Administrative agencies usually follow precedents set by the NLRB unless specific statutory provisions otherwise control. Some agencies are charged with finding an appropriate unit. Others are required to find the appropriate unit, a more demanding task. Still others merely have to create units that have been defined by the legislature. Criteria used in the unit determination process is also reviewed.